Recommendation: The High Commissioner of the FHA should give hoc REO LEITERs a written instruction on the factors to be considered in deciding whether a property with state problems should be reissued or whether a letter of requirement or a diversion agreement with the service should be issued. (Recommendation 2) To determine the ownership times mentioned above, the clock starts from the date of registration of the facts (the date on which the seller takes over the property). The next important date is the date of the signed sales contract and the date of the award of the FHA file file. The date of the contract and the FHA case file ID must be assigned 91 days after the seller`s registration date in order to remove the first Flip-Date request. To remove the second period of the adjustment period (90 – 180 days), the date of the sales contract and the case number of the FHA must be 181 days later. But how does the FHA handle purchases within these date intervals? Here, ® agents, buyers and sellers must be careful to avoid costly mistakes! The notice examines the types of authorized agreements entered into by third parties. These include normal use agreements for the operation of public housing and agreements that have nothing to do with the normal use associated with the operation of public housing. PHA is responsible for determining whether a third-party agreement requires HUD`s approval. This is determined by an analysis of the provisions and an annual assessment of contributions (ACC).
PHAs may need permission from the HUD Special Application Centre (CSC) or its State Department before entering into a third-party agreement, but this is not always the case. The PHA is responsible for determining whether the CAS or the Field Office is responsible for the authorization. “The M-T Bank has bypassed its responsibility to create and accept mortgages to the standards required by the FHA,” said First U.S. Assistant Attorney James P. Kennedy Jr. for the Western District of New York. “This case shows that if a financial institution makes such a detour, we will ensure that it does not circumvent the consequences of this behavior.” Comments: In December 2019, the Chief Procurement Officer`s HUD office issued a memorandum outlining the criteria and authorizations needed to initiate letters of requirement, circumvention agreements or property diversion agreements relating to conditioning or property issues. The memorandum contains a matrix describing the question of condition or title, the corresponding measure and the official who must approve the action. The memorandum will come into force in January 2020. Finally, the notice contains requirements for third-party agreements and a proposed HUD driver for third-party agreements. On November 29, the HUD Office of Public and Indian Housing (PIH) published PIH-2017-24 (HA) entitled “Guidance on Third-Party Agreements Encumbering Public Housing Property.” The notice reviews the procedures and requirements for PHA that enter into an agreement from a third-party provider that would weigh on the use or interest of PAs for public housing.
Agreements made by third parties can take many forms, including leases, licences, lease fees, facilities, enterprise agreements, contracts, pawn rights, transfers and capital transfers. Sometimes brokers® or investors apply for the FHA-Flip-Waiver rule. Unfortunately, this waiver of the FTA expired on 31.12.2014.